Penal Code, 1860–Secs. 302/34 & 447–Evidence Act, 1872–Sec. 32–Conviction–Sustainability–Appreciation of dying declaration–Two dying declarations were recorded–One by police and other by the Magistrate–Contents of both dying declarations are having material contradictions–Deceased named different persons to be the accused of the crime in question who had caused injuries to him–Trial Court wrongly relied upon the dying declaration Ex. P/6 which was recorded by the police–Further, the statements of wife of deceased were found full with contradictions–Witnesses of recovery of lathi at the instance of appellant were not examined–Held, conviction of appellant cannot be sustained.
